This is what the law says:
(1) Duly appointed proxy A person is a duly appointed proxy for the purposes of this Part if the person is appointed as a proxy by an instrument in the form approved by the Secretary and the form is signed by the person appointing the proxy or executed in any other manner permitted by the regulations.
Now the offical form – which is the only one legally acceptable – has a second space in which the lot owner can name a back-up proxy if the initial nominee has exceeded their quota. I’m not a lawyer but if that space is left blank, I would argue that the lot owner hasn’t nominated the person who is later named in the form. They left the space blank and someone else wrote the name in.
I would seek mediation at Fair Trading with a view to a Section 232 ruling at NCAT to order the secretary to stop canvassing for votes with blank spaces for overspill nominees.
And I’d ask to be able to see and copy the strata roll – which you are legally entitled to do – so that you can alert all the other owners to the fact that a cabal is gaming the system to give themselves absolute power in the scheme.